SBG 1513/2015

This case involved a dispute whether there had been an arbitration clause in the contract but the defendant had failed to receive the relevant notice. Issues were whether the court had jurisdiction and if a travel ban issued against the manager of the defendant company should be lifted.

Background

A claimant said that it had contracted the defendant to import some commercial goods. A dispute rose between the two sides on it. The claimant filed a request against the defendant but the latter said there was an arbitration clause in the contract. Therefore the court said the case could not be considered. However the claimant was now requesting the defendant to name their arbitrator and complete the requirements for the arbitration. The claimant also provided the notice served on the defendant with two signatures of witnesses to confirm that the defendant had refused to receive the notice. The claimant company requested that the court prevent the manager of the defendant company from travelling abroad.

Decision

The court issued an urgent ruling preventing the manager of the defendant company from travelling abroad until a ruling was issued.